Legg

FACTS AND PROCEEDINGS

The underlying facts of the case are not relevant; it suffices to say that petitioner inserted his finger into the vagina of the female victim. At the time of the offense, petitioner was 43 years old, and the victim was 15 years old. A complaint charged petitioner with one count of rape by force or fear (§ 261, subd. (a)(2); count 1), and one count of lewd acts upon a 14- or 15-year-old-child, with the intent of arousing, appealing to, and gratifying the lust, passions and sexual desires of petitioner and the child (§ 288, subd. (c); count 2). 2 On November 14, 2011, petitioner pleaded guilty to count 2, and count 1 was dismissed. Under the Sex Offender Registration Act, petitioner was required to register as a sex offender for life in light of his conviction. (Former § 290, subds. (b), (c); Stats. 2007, ch. 579, § 8.) On May 18, 2012, the trial court denied petitioner’s motion to withdraw his plea, in which he had alleged in part that he was not advised of the requirement that he register as a sex

Further undesignated statutory references are to the Penal Code. 2 At the time of petitioner’s plea, section 288, subdivision (c) was not comprised of…